[HISTORY: Adopted by the City Council of the City of Altoona 7-8-2020 by Ord. No. 5768. Amendments noted where applicable.]
The purpose of this chapter is to ensure that real and personal property owned by the City is disposed of efficiently, effectively, transparently, and in such a manner as to best serve the City and the public interest.
As used in this chapter, the following terms shall have the meanings indicated:
AUCTION
A sale of real or personal property to the highest bidder at a date and time specified by City Council.
CAPITAL ASSET
Land, improvements to land, easements, buildings, building improvements, vehicles, machinery, equipment, works of art and historical treasures, infrastructure, and all other tangible or intangible assets that are used in operations and that have a value of $6,000 or greater and an initial useful lives extending beyond five years.
INTERNET SALE/AUCTION SITE
An internet site which allows prospective buyers to purchase or place bids for the purchase of items being offered for sale by their current owners.
ORPHAN PARCEL
A parcel of land created when severed from a larger parcel by the construction or relocation of a road, partial conveyance or lot line adjustment. Orphan parcels do not possess separate tax parcel numbers, instrument numbers or deed book volume/page numbers such that they can be identified independent of the parcel from which they were severed.
PERSONAL PROPERTY
Any movable or intangible thing that is subject to ownership and not classified as real property.
REAL PROPERTY
Land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land.
SEALED BID
A bid that is not disclosed until all submitted bids are opened and considered simultaneously.
UNOPENED/PAPER STREET
A thoroughfare that appears on plats, subdivision maps, and other publicly filed documents, but that has not been completed or opened for public use. A street which has never been constructed, opened or accepted as a public street by the City of Altoona within 21 years after its construction as a private street, dedication as a public right-of-way or opened for use by the City as a public street shall constitute a paper street.
A. 
Prior to selling or otherwise disposing of any City-owned capital asset, the City Council shall determine whether the property to be sold or otherwise transferred is necessary to the further and efficient operation of the City.
B. 
If the Council determines the property to be no longer necessary, it shall so declare by passage of a resolution at a public meeting. Disposal of the property shall then be in accordance with the terms of the Resolution and the City's Charter.
C. 
As part of acquisition of a capital asset, the City Council may approve the trade-in of an existing capital asset as a credit toward said acquisition. Such trade-in of a capital asset shall not be subject to the requirements of this section.
D. 
Items of personal property which qualify for disposal in accordance with the provisions of this section may be advertised for sale on any internet sale/auction site dedicated to the sale of government-owned property to the extent permitted by Pennsylvania law.
A. 
Regarding personal property that does not qualify as a capital asset, the City Manager is hereby authorized to declare such property surplus to the needs of the City and to arrange for disposal of the property in any commercially reasonable manner, without public notice. The City Manager shall notify the City Council at least 30 days in advance of disposal of any such property declared surplus. Further, the City Manager shall notify the Council in writing within 30 days of any property so disposed and its method of disposal. Council shall approve the disposal of any such property by resolution.
B. 
Items of personal property which qualify for disposal in accordance with the provisions of this section may be advertised for sale on any internet sale/auction site dedicated to the sale of government-owned property to the extent permitted by Pennsylvania law.
A. 
All sales of City-owned real property with a value of $6,000 or greater shall be sold through a competitive bid process. The City Council shall determine if this process is a sealed bid or a public auction. If the Council determines that the sale is to be by public auction, the City Council shall determine the time and location of such public auction.
B. 
Whenever City property is to be sold, either by sealed bid or at public auction, the City Clerk shall publish notice thereof once during each of two successive weeks in a local newspaper general circulation in the City. The date of first publication shall be at least 10 days prior to the date fixed by the City Council for the sale of the property.
C. 
The notice of sale shall particularly describe the property to be sold, designate the day, hour, place of sale, and the method of bidding.
The title to any City property sold at public auction shall not be transferred until the purchase price thereof has been fully paid. Council shall pass an ordinance authorizing transfer of title prior to making any such conveyance.
The City Council may dispose of City real or personal property to another governmental agency, and may acquire property from another governmental agency by means of private negotiations, upon such terms as may be agreed upon, and for such consideration as may be deemed by the City Council to be appropriate.
A. 
The City Council recognizes that given the historic nature of the City that there are circumstances where the City has a property interest such as an unopened right-of-way (also commonly referred to as "paper streets") or parcels where ownership is not clearly defined (also commonly referred to as "orphan parcels"). This also includes but is not limited to portions of roadbeds that do not serve a public purpose but where the public way need not be vacated through the process defined in Chapter 633, Article VI, of the City Code.
B. 
In such circumstances, the City Council and/or City Manager may request the City Solicitor prepare a legal opinion describing the property or in question, the estimated value of the property, a summary of the legal status, and a recommendation on disposal of the property where such recommendation shall conform with common law, state law, and the intent of this chapter. Any disposal of real property under this subsection shall be done by majority vote of the Council regardless of property value in accordance with the process established herein.
C. 
In cases where the owner of property abutting a paper street or orphaned parcel wishes to obtain title to all or a portion of such property, the following shall apply:
(1) 
The party wishing to obtain title to the portion of a paper street or orphan parcel shall make application to the City on a form provided.
(2) 
Upon receipt of said application, the application shall be reviewed by the City staff to determine whether the property is suitable for conveyance and what steps need to be taken in order to effect said conveyance.
(3) 
If the City staff determines that the property is suitable for conveyance, the application shall be presented to City Council for approval by resolution.
(4) 
Upon approval of the recommendation of City staff, the applicant shall submit the following documentation:
(a) 
A survey prepared by a licensed professional (e.g., surveyor, engineer or other qualified individual) bearing their stamp which provides the metes and bounds of the parcel which the applicant wishes to obtain. If the prospective buyer intends to erect a structure on the property, the survey shall depict the floor plan of the structure which complies with all required setbacks applicable to such construction.
(b) 
A legal description for the parcel which the applicant wishes to obtain.
(c) 
A project description indicating the intended use of the parcel.
(d) 
A filing fee in an amount established by resolution of City Council from time to time. The purpose of this fee is to partially defray the normal administrative, engineering, advertising, and legal expenses for processing the petition for vacation. This fee shall not be refunded under any circumstances, whether or not the conveyance occurs.
(5) 
Any party wishing to purchase a portion of a paper street or orphan parcel shall be responsible for the payment of all expenses incurred by the City including, but not limited to, the following:
(a) 
The cost of an appraisal.
(b) 
Any fee charged for preparation of a deed.
(c) 
Any real estate transfer taxes applicable to the transfer of said property.
(d) 
Costs associated with recording the deed.
(6) 
City Council shall approve by ordinance the sale of any portion of a paper street or orphan parcel upon the applicant's compliance with the provisions of this section.
(7) 
In the event public utilities, such as electricity, telephone, water, sewer, gas and the like are located within the portion of the property being conveyed, the purchasers thereof shall execute an easement in favor of any such entity which has a public utility located therein and/or to the City for drainage prior to the enactment of the ordinance approving the conveyance, together with the right of entry thereon for repairs, construction and reconstruction of the drainage facilities and the public utilities mentioned, without any liability for damages on the part of the City. Where any such easement is granted, no construction, temporary or permanent, shall be made over or across the conveyed area without the written approval of the City. Council may relinquish by ordinance the City's easement rights in any such property.